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(영문) 서울동부지방법원 2014.07.25 2014가합3724
부동산매매대금등
Text

1. The Defendant’s KRW 17,00,000 to the Plaintiffs, as well as 5% per annum from April 12, 2014 to July 25, 2014.

Reasons

1. The following facts are not disputed between the parties, or can be acknowledged in full view of the purport of the whole pleadings in each entry in Gap evidence 1-1-5-3 and Eul evidence 1-3-3.

With respect to the ownership of the instant real estate, the Plaintiff owned 3/9 of shares in the Plaintiff, 2/9 of shares in the Plaintiff, 2/9 of shares in the Plaintiff, 2/9 of shares in the Plaintiff, and 2/9 of shares in the Plaintiff. The Plaintiff owned the instant land and the instant land independently, and the Plaintiff owned 87 square meters in the G before 87 square meters (hereinafter referred to as “instant land,” and the instant land and the instant building collectively referred to as “the instant real estate”). As to the ownership of the instant real estate, the Plaintiff owned 12/18 of shares, 2/18 of shares in the Plaintiff, 2/18 of shares in the instant land, and 2/18 of shares in the E, and 2/18 shares in the instant real estate by F.

B. On November 19, 2012, at the creditor H’s request, the registration of the decision on compulsory auction (hereinafter “the first auction”) was completed with respect to the shares of E and the Plaintiff out of the instant land in the Seoul Eastern District Court I compulsory auction case.

C. On June 11, 2013, the Plaintiffs and the Defendant concluded an agreement with the following content (hereinafter “instant agreement”).

1. The defendant shall obtain a maximum loan from the second financial right with the defendant as the debtor with the plaintiffs' real estate as the collateral and repay all obligations on the register as of the date of the agreement (provisional attachment, seizure, auction, establishment of right to collateral security, etc.) and then withdraw the application for the first auction of this case.

2. The amount remaining after the Defendant fully repaid the amount of debt on the registry, excluding public charges and expenses, etc. with the loan, shall be appropriated for the construction costs of the instant land building executed by the Defendant

(Provided, That the construction costs include various public charges, financial expenses, and interest). The plaintiffs shall be the deposit received when a lease contract is concluded after the completion of the building.

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